Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

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Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Department of Education. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.

(B) The objectives of the program are to:

(1) reduce juvenile crime in local communities served by the program;

(2) recruit community volunteers to provide positive adult role models for at-risk children;

(3) improve the academic performance of students participating in the program; and

(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.

(C) As used in this section, `at-risk children' means children under the age of twenty-one, who have been referred:

(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or

(2) to family court during the immediately preceding twelve months.

(D) Each local program must have a local board of directors or advisory committee which reflects local commitment to the program and is representative of the community. The governing board or advisory committee shall monitor program activity and generate financial support for the program.

(E) Each local program must have at least a part-time program director who is responsible for:

(1) recruiting volunteers;

(2) screening volunteers;

(3) training or facilitating training of volunteers;

(4) matching volunteers with at-risk children;

(5) supervising volunteers;

(6) providing or arranging support services and group activities;
(7) working with the program's governing board or authority or advisory committee;

(8) evaluation of the program; and

(9) record-keeping.

(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the State level


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and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.

(G) The Department of Education shall serve as the lead State agency for collecting information and reporting to the General Assembly by February 15, 1995 on sources of funds other than State funds, which may be used to offset the cost of the program at the state and local level. All agencies of the State are directed to assist and cooperate with the Department of Education.

(H) Grant recipients may be:

(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or

(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.

(I) The Department of Education shall:

(1) disseminate information regarding the program to interested groups;

(2) develop and disseminate a request for applications to establish local Volunteer Mentor Programs;

(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;

(4) administer funds appropriated by the General Assembly;

(5) monitor the grants funded;

(6) revoke a grant if necessary or appropriate;

(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;

(8) report annually to the General Assembly on program implementation and the results of the department's evaluation of the program;

(9) promulgate regulations necessary to implement the program including, but not limited to:

(a) qualifications for local program directors;

(b) training for program directors and volunteers;

(c) requirements related to program directors' supervision of volunteers;

(d) criteria for children's admission to the program;


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(e) required performance levels for a grant recipient to continue to receive an award;

(f) requirements for screening volunteers;

(g) procedures to be followed in developing and submitting applications; and

(h) criteria for selection of grant recipients;

(10) award grants.

(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Department of Education on the implementation of the program. The report must provide information required by the Department of Education to allow the department to evaluate the program.

Article 3

School and District

Safety Plans

Section 59-66-310. Before January 1, 1996, each school must have an approved comprehensive school safety plan, and each school district must have an approved comprehensive district safety plan. School and district safety plans must be approved as provided in Section 59-66-370. School and district safety plans must be coordinated so that the plans are consistent and, as appropriate, interrelated, with school and district responsibilities clearly specified.

Section 59-66-320. To receive approval under Section 59-66-370, school and district safety plans must address the broad spectrum of safety concerns including, but not limited to, natural disasters, accidents, medical emergencies, and violent incidents.

Section 59-66-330. The district superintendent must appoint a committee to develop the district's safety plan, and the principal of each school must appoint a committee to develop the school's safety plan. Safety committees must be established so that the committee membership or the committee's procedures include participation by parents, students, school personnel at all levels, and representatives of all relevant local agencies engaged in law enforcement, juvenile probation and parole, juvenile corrections, fire protection, emergency preparedness, health and human services, and social rehabilitation. The Schoolhouse Safety Resource Center must include meaningful participation by these groups as a criterion for safety plan approval. Each district superintendent must designate a safety coordinator who has primary responsibility for overseeing and implementing the district's safety plan and programs and who shall chair the district safety committee. Each school principal or the school principal's designee must have primary responsibility for


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overseeing and implementing the school safety plan and must chair the school safety committee.

Section 59-66-340. (A) Each school and district safety plan must include programs and strategies designed to:

(1) prevent disruptions to a safe school environment;

(2) result in an appropriate, planned intervention during incidents endangering the safety of students and adults who serve them; and

(3) restore equilibrium to the school or district or both after the immediate crisis event has passed.

(B) In addition to the requirements of subsection (A), each safety plan must:

(1) address safety needs during the school day, at extracurricular events, and on state-provided school transportation;

(2) provide for continuous monitoring and response to safety issues;

(3) provide for curriculum which teaches students nonviolent problem-solving strategies from funds appropriated by the General Assembly for this purpose;

(4) based upon student needs, encourage and facilitate local law enforcement, juvenile probation and parole, juvenile corrections, health and human services, and social rehabilitation agencies to: (a)establish a routine presence in the schools;

(b) participate in appropriate classroom and assembly programs; and

(c) provide services in a nonstigmatizing way in the schools;

(5) coordinate the security efforts and establish a chain of command for personnel employed by the school and the district;

(6) within the parameters of legally-mandated confidentiality, establish effective and reliable methods for the timely sharing of student information, especially regarding students who have a history of criminal behavior;

(7) explain how the safety plan has been coordinated with community emergency plans and relevant state and community agencies;

(8) include a program through which school and district personnel, students, parents, and relevant state and community agencies are familiarized with the contents of the plan or, if appropriate, trained to meet their responsibilities under the plan;

(9) include a service coordination matrix identifying services and programs provided by community and state resources which are available to address school and student safety needs including, but not limited to, services and programs available to address risk factors associated with violent student behavior;


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(10) include a ready reference containing emergency procedures and current telephone numbers to be used in identified emergencies; and

(11) recommend changes including, but not limited to, changes in supervision procedures, schedules, curriculum, assignments, training and technology needed to achieve a safe, secure school environment.

Section 59-66-350. All district and school safety plans must be reviewed and approved by the district board of trustees.

Section 59-66-360. Each safety committee shall prepare a written report identifying impediments to cooperation and coordination between community resources and the district and its schools including, but not limited to, law enforcement, juvenile probation and parole, juvenile corrections, health and human services, and social rehabilitation agencies. In the written report each Safety Committee also shall identify impediments to the provision of appropriate state and community resources on the school site. The written report must be provided to the Schoolhouse Safety Resource Center in the same manner as and with the relevant safety plan. The written report must contain minority or dissenting views of committee members and affected agencies, if any.

Section 59-66-370. District and school safety plans must be submitted for approval to the Schoolhouse Safety Resource Center by the district superintendent, working through the district safety coordinator. The Schoolhouse Safety Resource Center shall review district and school safety plans for purposes of approving or disapproving each plan. The center shall provide specific recommendations for revisions to provisionally approved plans and shall provide technical assistance and specific recommendations for revisions to disapproved plans.

Section 59-66-380. After approval of the initial safety plans, annual revisions must be a part of the school or district strategic plan required by Section 59-20-60.

Section 59-66-390. (A) A Schoolhouse Safety Resource Center is established within the State Department of Education in the manner the General Assembly shall provide in the annual general appropriations act.

(B) Duties and responsibilities of the Schoolhouse Safety Resource Center, in addition to any others assigned to the center by this chapter, are to:

(1) establish, with the approval of the State Board of Education, the criteria and process by which school and district safety plans are evaluated for approval by the center;

(2) publish and disseminate to all schools and school districts a comprehensive, detailed guide of topics which must be included in comprehensive school and district safety plans;


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(3) with the assistance of the Office of the Attorney General, identify and provide explanations of state and federal criminal laws which are relevant to school safety and which supplement school and district disciplinary codes;

(4) sponsor regional workshops for school and district safety committees, safety coordinators, and other appropriate school and district personnel so as to provide training in the development and implementation of school and district safety plans;

(5) develop or select model curricula for school safety training programs for faculty and designated staff of all schools and school districts;

(6) serve as a clearinghouse for information on the best practices for:

(a) prevention of safety crises;

(b) intervention during safety crises; and

(c) crisis response follow-up;

(7) annually report to the General Assembly on the schools' and school districts' progress in developing and implementing safety plans;

(8) annually report to the General Assembly on impediments to: (a) coordination and cooperation of safety efforts between:

(i) districts and their schools; and

(ii) relevant state and community resources; and

(b) the provision of appropriate community and state services in a nonstigmatizing way on the school site;

(9) assist the State Board of Education in developing, modifying, or selecting curriculum for teaching students peaceful conflict resolution and nonviolent living; and,

(10) make recommendations to the General Assembly for improving development and implementation of school and district safety plans, for increased coordination and cooperation between schools and relevant state and community resources, and for provision of community and state services in a nonstigmatizing way on the school site.

Division IV

Pilot Testing School Based Counseling Services

SECTION 15. (A) A three-year pilot project for school-based counseling services must be established jointly by the Department of Mental Health and the Department of Education. The purpose of the project is to provide an array of school-based and child-focused counseling services developed by the Department of Mental Health in designated schools. The pilot project must serve at least fourteen schools during the first year. The number of pilot test sites may be expanded each of the


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remaining two years of the pilot test, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot project.

(B) The services must include, but are not limited to:

(1) a child-focused school-based counseling clinic;

(2) training, consultation, and support programs for school staff.

(C) The schools chosen must be:

(1) geographically representative;

(2) representative of the socio-economic diversity of the State;

(3) representative of various size student populations;

(4) middle and junior high schools.

(D) The Department of Mental Health and the Department of Education jointly are responsible for selecting individual schools and mental health centers within the designated parameters for participation in the pilot project.

(E) (1) The Department of Mental Health is responsible for providing mental health counselors, student interns, a supervisory position for the project in the Division of Children, Adolescents, and Their Families, Department of Mental Health, and basic travel and operating expenses. The personnel and expenses must be paid for with funds made available to the department by the General Assembly for this purpose.

(2) The local education authorities are responsible for providing appropriate office space and furniture for the mental health personnel stationed at the designated schools.

(3) The Department of Mental Health and the Department of Education shall seek Medicaid reimbursement to offset the cost of the pilot project to the State and shall consult with the Health and Human Services Finance Commission to estimate the resulting revenue as a result of services as a match for federal Medicaid reimbursement. The designated centers and schools are required to explore ways of redirecting or expanding support other than state funds. The department shall maximize the probability of federal or foundation funding or both.

(F) (1) There is established a School-Based Mental Health Pilot Project Advisory Board consisting of one member appointed by each of the following: the State Superintendent of Education, the Director of the Department of Mental Health, and the chair of the Legislative-Governor's Committee on Mental Health and Mental Retardation. The chair of the advisory board shall appoint other appropriate individuals to serve as the advisory board considers necessary.

(2) The advisory board shall meet quarterly to review pilot project information and advise with regard to the project's implementation.


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Participating centers and schools shall provide quarterly updates to the advisory board.

(3) The involved departments shall submit an annual report containing a financial statement, which includes Medicaid reimbursement data, and a report of activities no later than September first each year of the project to the Legislative-Governor's Committee on Mental Health and Mental Retardation on the progress of the pilot project.

(4) The Division of Children, Adolescents, and Their Families, Department of Mental Health, is responsible for providing staff support to the advisory board.

(G) The Department of Mental Health, in consultation and cooperation with the Department of Education, shall establish before December 1, 1994, an evaluation procedure which includes the collection of data and allows the process to be evaluated and, to the extent possible, it must measure the effectiveness of the project as a whole and the effectiveness in individual schools. The Department of Mental Health shall cause an independent evaluation of the pilot project, as a whole and in its aggregate parts, to be conducted and presented to the Senate Medical Affairs Committee, the House Medical, Municipal, Military and Public Affairs Committee, the Senate Education Committee, the House Education and Public Works Committee, the Legislative-Governor's Committee on Mental Health and Mental Retardation, and the Joint Legislative Committee on Children and Families not later than December 15, 1997.

(H) If school-based counseling proves successful during pilot testing, it is the intent of the General Assembly that successful counseling services be implemented statewide in all public middle and junior high schools over a three-year phase in period beginning with the 1997-98 school year. Upon funding for statewide implementation by the General Assembly, the Department of Mental Health and the State Board of Education, through the State Department of Education, are responsible for causing implementation to occur with priority for funding given to schools with the greatest need for counseling services.

(I) Throughout any phase in to statewide implementation, the Department of Mental Health, in cooperation and consultation with the Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.

(J) The General Assembly shall appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.

Division V

Establishing Responsibilities Between


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Parents and Schools

SECTION 16. This division may be cited as the "Parent-School Responsibilities Act".

Subdivision A

Creating Partnerships Between Parents

and Schools

SECTION 17. The 1976 Code is amended by adding:

"Section 59-17-130. The school districts of this State shall encourage parents to become involved in their children's education as early as possible and make parental involvement and home-school relations a major component of school improvement efforts. The school districts shall keep records of at-risk children, as defined by the department in regulation, and their behavior, provide counseling when available, assist parents in understanding their children's behavior, and when necessary refer children and their parents to other appropriate state agencies for assistance in correcting existing problems and preventing future problems."

SECTION 18. The 1976 Code is amended by adding:

"Section 59-26-90. The State Board of Education shall promulgate regulations to provide that school guidance counselors are employed primarily to counsel students, give group guidance where appropriate, and work with the students, parents, and teachers."

SECTION 19. Section 20-7-20 of the 1976 Code is amended by adding at the end:

"(G) The State has a paramount interest in ensuring that children receive a primary and secondary education. State and county officials shall do everything within their jurisdictional authority to carry out the provisions of the South Carolina school attendance law and the South Carolina Children's Code to prevent school nonattendance."

Subdivision B

Improving Handling of Nonattendance Cases

SECTION 20. The 1976 Code is amended by adding:

"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."

SECTION 21. The 1976 Code is amended by adding:

"Section 20-7-1353. Probation and parole counselors are required to assist in the reenrollment of all their clients who are children in the public schools upon the child's release from confinement facilities and to report to the State Department of Education and the appropriate local advocacy group for children a school's refusal to reenroll or enroll a child."

SECTION 22. The 1976 Code is amended by adding:


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"Section 59-65-55. (A) If, during the activities designed to remedy truant behavior as provided in Sections 59-65-50 and 59-65-60, the parent or guardian of the student who is the subject of these activities transfers the student to another school district in the State, the administration of the school from which the student transferred shall include all plans and documentation associated with improving attendance with the official records that are sent to the receiving school district. The receiving school district must continue the activities as specified in the plans or documentation, unless the activities are modified in a conference with the family or in a proceeding before the family court, as appropriate.

(B) No one except the board of trustees or its designee may institute the proceedings provided in this article. A school board which wilfully fails to follow the requirements of this section may be cited by the State Board of Education with an accreditation deficiency under the defined minimum program."

SECTION 23. Section 59-65-20 of the 1976 Code, is amended to read:

"Section 59-65-20. If any a parent or guardian who wilfully neglects to enroll his child or ward or refuses to make such child or ward attend school shall, upon conviction, be fined in school as provided in this article, the school district shall report such nonenrollment to the solicitor in writing. The solicitor immediately shall petition the Family Court for an order directing the parent or guardian to appear before the court for a hearing. At the hearing the court may order the parent or guardian to enroll the child in school. A parent or guardian who fails to comply with the order may be held in contempt and fined not more than fifty dollars or be imprisoned not more than thirty days;. Each day's absence shall constitute a separate offense; provided. However, the court may in its discretion may suspend the sentence of anyone convicted of the provisions of this article."

SECTION 24. Section 59-65-50 of the 1976 Code is amended to read:

"Section 59-65-50. If the board of trustees of a school district or its designee is unable to obtain the school attendance of a child in the age group specified in Section 59-65-10, the board or its designee shall report such nonattendance in writing to the juvenile court or such other court in the county as may have jurisdiction of juveniles but exclusive of magistrate's courts notwithstanding the provisions of Section 22-3-540; provided, that no one except the board of trustees or its designee shall have the authority to institute the proceedings herein.
(A) The board of trustees of a school district shall notify all enrolled students and parents or guardians of students of the school attendance laws


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and the penalties and consequences at the beginning of each school year. The student's parent or guardian must be notified of the student's unlawful absences. Notice must be by telephone contact with the student's parent or guardian by the end of the following school day, by regular mail sent no later than the following school day, or by any other reasonable means.


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